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h_jud_2018a_2018-04-27t14:16:42z0 Hearing Summary




PUBLIC
BILL SUMMARY For SB18-203

HOUSE COMMITTEE ON JUDICIARY
Date Apr 27, 2018      
Location RM 271



SB18-203 - Amended, referred to House Appropriations


02:17:23 PM  

The committee was called to order. A quorum was present. Representative Lontine, prime sponsor, presented Senate Bill 18-203, concerning the provision of independent counsel to indigent defendants in municipal court.  Representative Lontine explained the effect of the bill and discussed its need. Representative Lontine responded to questions regarding the types of crimes covered by the bill, and municipalities that currently provide representation for the indigent.

02:21:55 PM  

Ms. Rebecca Wallace, representing the ACLU, testified in support of the bill. Ms. Wallace discussed the current provision of defense for the indigent at the municipal level, and outlined the effect of SB 18-203. Ms. Denise Maes, representing the ACLU, testified in support of the bill. Ms. Maes explained when representation for the indigent is required constitutionally, and addressed questions raised during earlier discussion. Ms. Meghan Dollar, representing the Colorado Municipal League, testified on the bill from a neutral perspective. Ms. Dollar spoke in support of amendment L.008 (Attachment A). She discussed the choices available to municipal courts under the bill. Ms. Dollar clarified her organization's position on the bill. Ms. Wallace explained the effect of amendment L.009 (Attachment B). Ms. Wallace responded to questions regarding ethical obligations for public defenders at the municipal level. Ms. Dollar responded to questions regarding the position of municipal court judges on the amendments.

02:39:32 PM  
Discussion ensued regarding the source and effect of amendment L.008.
02:41:04 PM  
Mr. Darren Cantor, representing the Office of the Alternate Defense Counsel, testified in support of SB 18-203. Mr. Cantor explained how the bill helps to ensure the independence of defense counsel provided to the indigent at the municipal level. Mr. Cantor responded to questions regarding the process by which municipalities will source defense counsel for the indigent in rural areas.


02:49:26 PM
Motion Adopt amendment L.009
Moved Weissman
Seconded Melton
Benavidez Yes
Carver No
Lundeen No
Melton Yes
Roberts Yes
Rosenthal Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS


02:50:19 PM
Motion This is a conceptual amendment L.008
Moved Weissman
Seconded Melton
Benavidez Yes
Carver No
Lundeen No
Melton Yes
Roberts Yes
Rosenthal Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS
02:50:41 PM  
Representative Wist explained his position on SB 18-203. Representative Lontine provided closing remarks in support of the bill.


02:53:44 PM
Motion Refer Senate Bill 18-203, as amended, to the Committee on Appropriations.
Moved Weissman
Seconded Lee
Benavidez Yes
Carver No
Lundeen No
Melton Yes
Roberts Yes
Rosenthal Yes
Weissman Yes
Willett No
Wist No
Salazar Yes
Lee Yes
Final YES: 7   NO: 4   EXC: 0   ABS:  0   FINAL ACTION:  PASS